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State of Iowa v. John Winston Lusk
15-1294
| Iowa Ct. App. | Aug 17, 2016
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Background

  • Lusk was charged in Floyd County with two counts of second-degree sexual abuse involving relatives A.L. and C.L.
  • During trial, Lusk moved in limine to bar expert testimony that vouches for witness credibility; the State did not oppose.
  • A.L. testified at age 13 about Lusk rubbing her back and touching her inappropriately in Lusk's basement; she reported it years later to her mother.
  • C.L., age 9 at trial, testified Lusk touched his penis and, in another incident, touched him over clothing; he described the sensations and reactions.
  • Tammera Bibbins, a forensic interviewer, testified generally about delayed disclosure, age-related reactions, interfamilial victimization, and that abuse can occur with others present.
  • The district court admitted Bibbins’ testimony; Lusk was convicted on both counts and sentenced to consecutive terms up to 25 years each.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of the evidence Lusk contends victims’ statements are inconsistent and lack detail. Inconsistencies show testimony cannot support guilt. There is substantial evidence supporting the convictions.
Admission of expert testimony (vouching) Bibbins’ general testimony about abuse dynamics aids the jury. Her testimony vouches for credibility and crosses into improper vouching. The district court did not abuse its discretion; no improper vouching occurred.

Key Cases Cited

  • State v. Showens, 845 N.W.2d 436 (Iowa 2014) (sufficiency standard; review with deference to jury credibility choices)
  • State v. Hutchison, 721 N.W.2d 776 (Iowa 2006) (jury resolves conflicts and weighs credibility)
  • State v. Liggins, 557 N.W.2d 263 (Iowa 1996) (jury may believe or disbelieve testimony; credibility determinations rest with jury)
  • State v. Lopez, 633 N.W.2d 774 (Iowa 2001) (exception to admissibility for credibility when testimony is self-contradictory)
  • State v. Jaquez, 856 N.W.2d 663 (Iowa 2014) (experts may testify about demeanor generally, but not to specific credibility of witnesses)
  • State v. Dudley, 856 N.W.2d 668 (Iowa 2014) (credibility is a jury function; expert cannot opine on guilt/innocence)
  • State v. Smith, 508 N.W.2d 101 (Iowa Ct. App. 1993) (early discussion of when testimony may be inconsistent or unbelievable)
  • State v. Jefferson, 574 N.W.2d 268 (Iowa 1997) (preservation of issues for appeal requires district-court ruling)
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Case Details

Case Name: State of Iowa v. John Winston Lusk
Court Name: Court of Appeals of Iowa
Date Published: Aug 17, 2016
Docket Number: 15-1294
Court Abbreviation: Iowa Ct. App.